Right to pass on foreign property

The right to pass through another's property is an easement right that dates back to Roman times.

What is the right of way?

In case you find yourself the owner or user of a property to which there is no access / no road /, ie the same is most often "domestic property", surrounded by other properties / built-up and unbuilt-up properties within settlements, agricultural properties and water areas /, then you have a legal opportunity to ask your neighbor to voluntarily grant you the right to pass through his property or if he refuses you - to ask the mayor of the municipality to issue such an order to pass through another's property.

Ways of establishing the right of passage through another's land property

• The right to pass through another's land property can be established voluntarily between neighbors with a written contract with notarized signatures. This contract is entered in the Property Register at the Registry Agency by account of the two properties / servicing and servicing /.

• In case of failure to reach an agreement between the owners of the land and when another technical solution is clearly economically impractical, the right to pass through another's land is established by order of the mayor of the municipality. The order is entered in the Property Register at the Registry Agency by account of both properties / servicing and servicing /. In order to refer the matter to the mayor, it is necessary to submit an Application form with accompanying documents.

• If the right to pass through state or municipal land is to be established, when another technical solution is clearly economically impractical, the competent authority is the regional governor, who issues an order.

    When establishing the right of way, it is necessary to observe certain rules - the conditions for construction of land properties cannot be worsened, the established way of permanent use of land properties can be hindered and permitted constructions or existing buildings may be affected, unless this is the case. explicitly agreed between the owners with the contract.

    The establishment of the right to pass through another's property is paid, and the price is determined by preparing an assessment at market prices determined by a commission appointed by the mayor of the municipality. The price is paid before the issuance of the Order by the mayor or the regional governor.

    An objection may be lodged against the issued Order of the mayor or the regional governor by the owner of the property through which the right of passage has been established, and the competent authority is the Administrative Court at the location of the property.